Jeffrey Allen v. Chevron U.S.A., Inc., et al.

Summary

The court grants Jeffrey Allen’s motion to sever and remand his Jones Act claims against Chevron U.S.A., Inc. and DC International, Inc. The court holds that although the complaint inadequately pleads a Jones Act claim under federal pleading standards, the defendants did not establish that Allen had no reasonable possibility of recovery or could not amend to state such a claim. Claims removed under the Outer Continental Shelf Lands Act remain in federal court pending further proceedings.

Holdings

1. A state-court complaint's failure to satisfy federal pleading standards, without more, does not establish fraudulent joinder of Jones Act claims or show that the plaintiff lacks a reasonable basis or possibility of recovery.
2. The Jones Act claims against Chevron and DC International must be severed and remanded to state court because the defendants failed to carry their burden of establishing fraudulent joinder.

Questions Presented

1. Whether the defendants established fraudulent joinder of the Jones Act claims based solely on the complaint's failure to satisfy federal pleading standards.
2. Whether the Jones Act claims should be severed and remanded to state court.

Disposition

remanded